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GEDION BAITHINE KIUNGA V CATHOLIC DIOCESE OF MERU TRUSTEES & 3 OTHERS [2009] KEHC 1804 (KLR)

[2009] KEHC 1804 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1804
Citation
[2009] KEHC 1804 (KLR)
Decided
16 October 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing an application for a stay of proceedings and interim ordersCoramM. J. ANYARA EMUKULE
Holding

The application is dismissed with costs, and all interim orders are set aside.

Facts

The appellant sought orders of temporary injunction and stays of further proceedings against the 1st Respondent, the Land Demarcation Officer, and the Land Adjudication Officer, pending the hearing and determination of the application.

Issues

  1. grounds for a stay of proceedings
  2. interim orders

Reasoning

The court found the application to be an abuse of the court's process and not in accordance with the Civil Procedure Rules.

Outcome

Appeal dismissed

Orders

  • dismissal of the application
  • set aside of all interim orders

Remedies

  • costs to the 1st Respondent

Authorities cited

Legislation (1)
  • Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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